Enjoy will the solicitors chase for legal fees?

[Muchamucha]

I’ll try and keep it short but also not drip feed….

I got divorced 7 months ago, I hired a solicitor as I have a lot of assets, exh did not, he does not have a pot to P in.
The marriage ended due to his infidelity so he agreed (in writing) to my solicitors that he would pay for the courts divorce fee, the financial order court fee & the solicitors fees for both of these. He paid the divorce fee (this was also ordered by the judge) but the financial order was dropped on his request and he agreed to not have any money in the divorce.
(He is re-married so cannot change his mind to try and get anything now)

7 months on I have had a letter from the solicitors to state that he has never settled the invoice for the solicitors fees and they have had no response from their letters to him.

Am I now liable for this as they were MY solicitor? Or is it down to them to track him down to pay the balance as he had agreed in writing he would do this?

I have no idea, legally. But if you can afford to, I'd agree to pay all expenses incurred up to the close of the divorce case but nothing incurred afterwards, when chasing for late payment. Just so you are rid of the matter.

Depends. You need to look at your client care letter and any terms of business you signed. You would be liable if you were my client, but I work in a different area of law.

I don't know the legalities of it but if he "doesn't have a pot to p* in" then where were you and the solicitors expecting him to find the money to pay the legal fees? (especially if he got no money in the divorce settlement)

It sounds like an inevitable situation given the circumstances

It's your ex's debt if he has agreed to pay it in writing. If the divorce is concluded they need to pursue the debtor who has agreed they owe the money.

not your problem.

Check the terms and conditions but it is highly likely you will have to pay even if there is a costs order against him.

I agree. This is not your problem.

Such nonsense being spouted on Legal Matters again.

You need to pay your solicitor. Any arrangement you have with him is between the two of you. So you pay and claim any reimbursement due from him.

This explains it in lay terms for you.

http://www.lawoffice.co.uk/gsetp.aspx

Incorrect @daisychain01 and @Elieenmorrigan

Thanks for explaining that.

So what this means is that OP has to pay the bill and then claim it back from her exH?

So if exH hasn't got a bean, it looks like she's stuffed?

Yes that is correct

So it begs the question - highlighted by @UltramarineViolet at 7.58. as to why she ever entered into this agreement in the first place?

Would an Attachment of Earnings be appropriate here?

Thanks all.

@Spirallingdownwards Thank you, that’s really helpful.
The arrangement for him to pay was between himself & my solicitor, we had hardly any communication, it mostly went through the solicitors in writing.

But I did think it may fall on me as it was myself who ‘hired’ the solicitor so I am their ‘client’.
So guessing they will chase me to settle it rather than him.

Sorry cross posted.
So originally I expected to pay for the solicitors fees, I was advised he would likely be ordered to pay for the court costs of the divorce but expected to pay the rest myself. He volunteered to pay all the solicitors fees to them, I think he was trying to get it through ASAP!
Its not that I can’t afford to pay them, I just feel a bit put out that he got the divorce through as he wanted so he could re-marry and is now going back on the agreement.
I don’t know his financial situation now, but when I say he doesn’t have a pot to P in I mean as in he has no assets, everything was in my name, but he does work.

@Muchamucha but he does work.

That's why I suggested an Attachment of Earning Order, but as I've been reprimanded for 'talking nonsense', apparently by a solicitor, then perhaps your solicitor could advise you about this?

@Elieenmorrigan
Sorry I’ve not heard of that, so if that basically an order to prove he can afford what he agreed to pay?
I’m guessing this would incur further costs though wouldn’t it?

The other issue I have is that the correspondence from the solicitor was to a relatives address who I’m sure will not provide a forwarding address so I’m not sure how I can even prove he has received any of the letters from the solicitor.

I know it would make more sense for me to just suck it up and pay it but I really feel like it’s just another ‘win’ to him then 🙄

@Muchamucha Sorry I’ve not heard of that, so if that basically an order to prove he can afford what he agreed to pay?

I believe what you are talking about is known as a Garnishee Order. I would ask your solicitor's advice.
The other Remedy is Small Claims Court action.

I don't know anything about Costs - sorry..

Thanks @Elieenmorrigan I’ll speak to the solicitor then, although I imagine they’ll advise me to just pay it and try and claim it back off him afterwards, I guess as far as they’re concerned they just want to be paid don’t they 😕

Lots of people giving views but I assume none of them have read the OP's engagement letter. The answer will be in that. No one here can tell you.

@eurochick Sorry, what’s the engagement letter? As in what I signed when I engaged with my solitor?

Yes. It might be called a client care letter. It is your agreement with the firm. It should set out responsibility for fees.